Chapter 4.40

SINGLE-USE FOODWARE ACCESSORIES AND CONDIMENTS[4 ]

For the purposes of this chapter only, the following words and phrases shall have the meanings defined in this section unless the context clearly requires otherwise:

• a. "Consumer" means a person is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.

• b. "Correctional institution" means any state prison, county jail, city jail, Division of Juvenile Justice facility, county- or city-operated juvenile facility, including juvenile halls, camps, or schools, or any other state or local correctional institution, including a court facility.

• c. "Food facility" means any operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, regardless of whether the food is consumed on or off the premises or whether there is a charge for the food.

• d. "Ready-to-eat food" means food that is in a form that is edible without additional preparation to achieve food safety, is raw or partially cooked food of animal origin and the consumer is advised as such, or may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.

• e. "Single-use" means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

• f. "Single-use foodware accessory" means all of the following single-use items provided alongside ready-to-eat food:

  • 1. Utensils, which is defined as forks, knives, spoons, and sporks.
  • 2. Chopsticks.
  • 3. Condiment cups and packets.
  • 4. Straws.
  • 5. Stirrers.
  • 6. Splash sticks.
  • 7. Cocktail sticks.

• g. "Standard condiment" means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including, but not limited to, ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

• h. "Third-party food delivery platform" has the same meaning as in Health and Safety Code Section113930.5.

4. Code reviser’s note: Ord. 13-22 adds this chapter as Chapter 4.38. This chapter has been editorially renumbered to avoid duplication.

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City of Oakley, CA

OAKLEY CODE

§ 4.40.102

§ 4.40.104

• (Ord. 13-22, 10/11/2022)

• a. Except as provided in subsections (c) and (d) of this section, a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.

• b. Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.

• c. A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

• d. A food facility that is located entirely within a public use airport, as defined in 14 CFR Section 77.3, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

• e. A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving readyto-eat food.

  • 1. If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use food-ware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.

• f. Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained.

• g. Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.

• h. Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer.

• i. A food facility is encouraged, but not required, to take actions in addition to the

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.40.104

§ 4.40.108

requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.

(Ord. 13-22, 10/11/2022)

This chapter does not apply to any of the following:

• a. Correctional institutions.

• b. Health care facilities licensed pursuant to Article 1 of Chapter 2 of Division 2 of the Health and Safety Code (commencing with Section 1250), or facilities that are owned or operated by a health care service plan licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (commencing with Health and Safety Code Section 1340).

• c. Residential care facilities licensed pursuant to Division 2 of the Health and Safety Code (commencing with Section 1200).

• d. Public and private school cafeterias. (Ord. 13-22, 10/11/2022)

• a. The City Manager or the City Manager’s designee has the primary responsibility for the enforcement of this chapter. The City Manager or the City Manager’s designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines, and entering the premises of any food facility during business hours. Other City staff may assist with this enforcement responsibility by entering the premises of a food facility as part of their regular inspection functions and reporting any alleged violations to the City Manager or the City Manager’s designee.

• b. If any of those individuals specified in subsection (a) of this section determine that a violation of this chapter has occurred, he/she will issue a written warning notice to the operator of the food facility that a violation has occurred and the potential penalties that will apply for future violations.

• c. The first and second violations of this chapter shall result in a notice of violation. Any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.

• (Ord. 13-22, 10/11/2022)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.41.102

§ 4.41.108